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(영문) 의정부지방법원고양지원 2020.11.13 2020고단2004
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No one who violates the Automobile Management Act or uses a two-wheeled automobile number plate illegally under the Automobile Management Act shall be used unlawfully;

From October 2019 to November 201 of the same year, the Defendant removed the registration number plate of the Dazzow 300i-wheeled Motor Vehicle from the street in front of the Defendant’s residence located in Il-dong-gu, Gyeonggi-do, Gyeonggi-do, Gyeonggi-do, and attached it to the www125-wheeled Motor Vehicle.

Accordingly, the defendant used a two-wheeled automobile number plate for the purpose of exercising the right.

2. At around 10:30 on April 10, 2020, the Defendant driven the instant two-wheeled vehicle, which was attached without legitimate authority, a two-wheeled vehicle number plate sign of a public office, on the three-lane road in front of the E Hospital located in U.S. Seo-gu, Sinsan-si, Sinsan-si. The Defendant driven the instant two-wheeled vehicle along the direction of conversation from the side of the Paju-dong.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Defendant's legal statement;

1. A police officer's written statement;

1. A traffic accident report;

1. A certificate of the chassis (C) and the certificate of the disuse of a two-wheeled motor vehicle (value number: G);

1. A Oratoba and its body number and photograph;

1. Application of Acts and subordinate statutes to an investigation report (where it is possible to illegally use a license plate of a vehicle with two wheels), investigation report (where it is possible to request a chassis number of a road management office), and investigation report;

1. Article 78 subparagraph 2 of the relevant Act, Article 71 (1) of the Automobile Management Act (Unlawful Use of Registration Number Plate), Article 238 (1) of the Criminal Act (Unlawful Use of Air Code), and Article 238 (2) and Article 238 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for a violation of the Motor Vehicle Management Act, which requires the selection of punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. In light of the reasoning of sentencing under Article 62(1) of the Criminal Act, although it is not good for the defendant to commit a crime, the defendant stated that he/she is against the recognition of the facts charged.

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